Patent Troll Lodsys Settles for Nothing to Avoid Trial

Re:Patent Troll Lodsys Settles for Nothing to Avoid Trial by DannyBee on Wednesday October 02, 2013 @11:54PM (#6487064)

"ii) if Ann is offered £X out of court, but declines it, and the case goes to court and she's awarded £Y then she has to pay costs if £Y is less than £X. "

This does actually occurs in some parts of the US legal system. See, for example, California's section 998.

It varies from state to state, and in some cases, claim type to claim type.

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Re:Patent Troll Lodsys Settles for Nothing to Avoid Trial by hkhanna on Thursday October 03, 2013 @12:51AM (#6487254)

It occurs in the federal court system as well.

  Fed. R. Civ. P. 68(d) Paying Costs After an Unaccepted Offer. 
  If the judgment that the offeree finally obtains 
  is not more favorable than the unaccepted offer, 
  the offeree must pay the costs incurred after the 
  offer was made.

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